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(영문) 수원지방법원 안양지원 2018.11.07 2018고단1323
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, from June 2015 to July 2017, is a person who, while taking charge of the accounting affairs of the Victim F Co., Ltd., Ltd., Ltd., located in Ansan-gu E during the period from Jun. 2015, has kept cash sales money received from the headquarters of Busan-si.

On January 6, 2016, the Defendant: (a) transferred KRW 300 million to an enterprise bank account (G) in the name of the Defendant and used it for personal purposes, such as living expenses; and (b) used the total amount of KRW 19,830,000 in the same method over 38 times from around that time to June 8, 2017, as indicated in the list of crimes in the attached Form.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with H;

1. A complaint, a certificate of all matters to be registered, a fact-finding, a list of the current status of processing civil petitions (workplace members), a statement of total amount crossed of Ansan points, a statement of account transactions in order to verify the amount of embezzlement of Ansan point, a daily statement of funds, a statement of total amount of sale, a list of total amount of embezzlement of Ansan point, a statement of account transactions in order to verify the amount of embezzlement of inside point, a statement of total amount of funds, a daily statement of cash, a daily statement of sale, a statement of total amount of embezzlement of this point, a statement of account transactions in order to verify the amount of embezzlement of the head office of Busan point, a statement of funds, and a

1. Application of Acts and subordinate statutes to investigation reports (suspect A telephone communications);

1. Article 356 and Article 355 (1) of the Criminal Act (generally, the choice of imprisonment with prison labor) concerning the facts constituting an offense;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for the sentencing as set forth below) are as follows: (a) the sentencing conditions specified in the instant pleadings, such as the age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing conditions specified in the instant pleadings, such as the following circumstances, shall be determined as ordered by the court.

The favorable circumstances: The defendant recognized the crime of this case and reflected the mistake, and the victim company.

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